My husband gets to claim my stepchild every other year and there is no custodial parent as they have shared parenting. Do we need a form 8332?

Forum|Forum|7 years ago
June 1, 2019
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Texas Roger

Level 15

While the divorce decree may state shared custody, the IRS does not recognize 50/50 custody for tax purposes. Whoever the child actually lived with more than half the nights of the year is the parent who is the custodial parent by tax law. The custodial parent may then relinquish the dependency exemption to the non custodial parent with a signed form 8332 or similar document.

Here is how the tax benefits are split. For divorced or separated parents or parents who live apart, the custodial parent, if eligible, or other eligible person who the child lived with for more than half the year, can claim head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. The non-custodial parent, if allowed by divorce decree or consent of the custodial parent on form 8332 or similar signed statement, can claim the dependency exemption and child tax credit. For post-2008 divorce decrees or agreements, form 8332 or similar signed statement is required. The child tax benefits cannot be split any other way.

macuser_22

Alumni - Champ

That is correct, but the special rules to "split" the benefits would not apply and the EIC or child care credit cannot be claimed if the child did not physically live with the parent that provided more than half of the child's total support for more than half the year.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**